| Date: | 10/03/2025 |
|---|---|
| Organization: | Division of Administrative Law Appeals |
| Docket Number: | CR-25-0528 |
- Petitioner: Robert Ginisi
- Respondent: State Board of Retirement
- Administrative Magistrate: Kenneth J. Forton
- This page, Ginisi v. State Bd. of Ret., CR-25-0528, is offered by
- Division of Administrative Law Appeals
Decision
Decision Ginisi v. State Bd. of Ret., CR-25-0528
Table of Contents
Order of Dismissal
On August 25, 2025, the State Board of Retirement notified Robert Ginisi, one of its members retired for accidental disability, that his retirement allowance would be terminated as of September 25, 2025 for failure to file the necessary 2024 Annual Statement of Earned Income with PERAC. See G.L. c. 32, § 91A. Mr. Ginisi timely appealed the decision on September 10, 2025. Along with his appeal, Mr. Ginisi appended his 2024 tax return which generally forms the basis of the Annual Statement.
On September 19, 2025, I ordered the Board to notify DALA if it still planned on terminating Mr. Ginisi’s retirement allowance. On September 26, 2025, the Board responded that it no longer planned on terminating Mr. Ginisi’s allowance, as PERAC now considers Mr. Ginisi compliant with the annual filing requirement. The Board requested that the appeal be dismissed as moot. Mr. Ginisi does not object.
As there is no longer any dispute between the parties, the matter is moot and consequently I dismiss it with prejudice.
Dated: October 3, 2025
/s/ Kenneth J. Forton
___________________________
Kenneth J. Forton
Administrative Magistrate
Division of Administrative Law Appeals
14 Summer St., 4th Floor
Malden, MA 02148
Tel: (781) 397-4700
www.mass.gov/dala
Notice sent to:
Robert Ginisi
Alison K. Eggers, Esq.
Downloads
Open PDF file, 153.04 KB,
Ginisi v. State Bd. of Ret., CR-25-0528
(English, PDF 153.04 KB)